HomeMy WebLinkAbout2019-12-04; Planning Commission; Resolution 7352PLANNING COMMISSION RESOLUTION NO. 7352
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A COASTAL DEVELOPMENT PERMIT
FOR THE DEMOLITION OF A 2,494-SQUARE-FOOT, TWO-STORY, SINGLE-
FAMILY RESIDENCE WITH AN ATTACHED TWO-CAR GARAGE AND THE
CONSTRUCTION OF A 3,415-SQUARE-FOOT, TWO-STORY SINGLE-FAMILY
RESIDENCE WITH AN ATTACHED TWO-CAR GARAGE WITHIN THE MELLO II
SEGMENT OF THE LOCAL COASTAL PROGRAM LOCATED AT 5290 CARLSBAD
BOULEVARD WITHIN LOCAL FACILITIES MANAGEMENT ZONE 3.
CASE NAME: AKIN RESIDENCE
CASE NO: CDP 2019-0009 (DEV2019-0057)
WHEREAS, Tim Martin, "Applicant," has filed a verified application with the City of Carlsbad
regarding property owned by Sadri Akin, "Owner," described as
Lot 42 of Terramar Unit No. 1, in the City of Carlsbad, County of San
Diego, State of California, according to Map No. 2696, filed in the Office
of the County Recorder of San Diego County, September 6, 1950
("the Property"); and
WHEREAS, said verified application constitutes a request for a Coastal Development Permit as
shown on Exhibit(s) "A" -"M" dated December 4, 2019, attached hereto and on file in the Carlsbad
Planning Division, CDP 2019-0009 -AKIN RESIDENCE, as provided in Chapter 21.201 and Chapter 21.203
of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on December 4, 2019, hold a duly noticed public hearing
as prescribed by law to consider said request;
WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if
any, of all persons desiring to be heard, said Commission considered all factors relating to the Coastal
Development Permit.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad,
as follows:
A) That the above recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission APPROVES
CDP 2019-0009 -AKIN RESIDENCE, based on the following findings and subject to the
following conditions:
Findings:
Coastal Development Permit, CDP 2019-0009
1. That the proposed development is in conformance with the Certified Local Coastal Program and
all applicable policies in that the 0.l5-acre project site is designated for single-family residential
development. The project consists of the demolition of a 2,494-square-foot, two-story, single-
family residence with an attached 462-square-foot, two-car garage and the construction of a
3,415-square-foot, two-story single-family residence with an attached 515-square-foot, two-car
garage, and a 495-square-foot lanai on the second floor. The development is consistent with
the Mello II land use designation of R-4. As the project is not adjacent to a beach or lagoon, it
will not obstruct views of the coastline as seen from public lands or public rights-of-way or
otherwise damage the visual beauty of the coastal zone. No agricultural activities, geological
instability, coastal access opportunities or sensitive biological resources exist on the previously-
graded and developed site.
2. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the
Coastal Act in that the property is not located adjacent to the shore; therefore, the project will
not interfere with the public's right to physical access to the ocean.
3. The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone
(Chapter 21.203 of the Zoning Ordinance) in that the project will adhere to the City's Master
Drainage Plan, Grading Ordinance, Storm Water Ordinance, BMP Design Manual and
Jurisdictional Runoff Management Program (JRMP) to avoid increased urban run-off, pollutants
and soil erosion. No development is proposed in areas of steep slopes (equal to or greater than
25 percent gradient) and no native vegetation is located on the subject property. In addition,
the site is not located in an area prone to landslides, or susceptible to accelerated erosion,
floods or liquefaction.
4. The Planning Commission finds that the project, as conditioned herein, is in conformance with
the Elements of the city's General Plan, in that the General Plan Land Use designation for the
property is R-4 Residential. The R-4 designation allows for residential development at a density
range of Oto 4 dwelling units per acre {du/ac) with a Growth Management Control Point {GMCP)
of 3.2 du/ac. The 0.15-acre parcel would permit 0.4 dwelling units. Pursuant to General Plan
Residential Land Use Policy 2-P.7, one single-family residence is permitted to be constructed on
a legal lot that existed as of October 28, 2004. Since a single-family dwelling already exists on
the property, and the subject lot was legally created prior to October 28, 2004 (Map No. 2696,
recorded September 6, 1950), the project is consistent with the R-4 General Plan Land Use
designation.
a i ornia Environmen al Quality Ac ( EQA)
5. The City Planner has determined that the project belongs to a class of projects that the State
Secretary for Resources has found do not have a significant impact on the environment, and it is
therefore categorically exempt from the requirement for preparation of environmental
documents pursuant to Sections 15303{a)of the State CEQA Guidelines. More specifically, CEQA
Section 15303{a), listed under the New Construction or Conversion of Small Structures category,
is a Class 3 exemption allowing for the construction of a single-family residence in a residential
zone. Consistent with this section, the proposed project includes the construction of a single-
family home in the R-1, One-Family Residential zone. In making this determination, the City
PC RESO NO. 7352 -2-
General
Planner has found that the exceptions listed in Section 15300.2 of the State CEQA Guidelines do
not apply to this project.
6. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local Facilities
Management Plan for Zone 3 and all City public policies and ordinances. The project includes
elements or has been conditioned to construct or provide funding to ensure that all facilities and
improvements regarding: sewer collection and treatment; water; drainage; circulation; fire;
schools; parks and other recreational facilities; libraries; government administrative facilities; and
open space, related to the project will be installed to serve new development prior to or
concurrent with need. Specifically,
a. The project has been conditioned to provide proof from the Carlsbad Unified School District
that the project has satisfied its obligation for school facilities.
b. The Public Facility fee is required to be paid by Council Policy No. 17 and will be collected prior
to the issuance of building permit.
c. The Local Facilities Management fee for Zone 3 is required by Carlsbad Municipal Code
Section 21.90.050 and will be collected prior to issuance of building permit.
7. That the project is consistent with the city's Landscape Manual and Water Efficient Landscape
Ordinance {Carlsbad Municipal Code Chapter 18.50).
8. The Planning Commission has reviewed each of the exactions imposed on the Developer
contained in this resolution, and hereby finds, in this case, that the exactions are imposed to
mitigate impacts caused by or reasonably related to the project, and the extent and the degree
of the exaction is in rough proportionality to the impact caused by the project.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the approval of the
grading permit.
1. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented
and maintained over time, if any of such conditions fail to be so implemented and maintained
according to their terms, the City shall have the right to revoke or modify all approvals herein
granted; deny or further condition issuance of all future building permits; deny, revoke, or further
condition all certificates of occupancy issued under the authority of approvals herein granted;
record a notice of violation on the property title; institute and prosecute litigation to compel their
compliance with said conditions or seek damages for their violation. No vested rights are gained
by Developer or a successor in interest by the City's approval of this Coastal Development Permit.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Coastal Development Permit documents, as necessary to make them
internally consistent and in conformity with the final action on the project. Development shall
occur substantially as shown on the approved Exhibits. Any proposed development, different
from this approval, shall require an amendment to this approval.
PC RESO NO. 7352 -3-
3. Developer shall comply with all applicable prov1s1ons of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
4. If any condition for construction of any public improvements or facilities, or the payment of any
fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged,
this approval shall be suspended as provided in Government Code Section 66020. If any such
condition is determined to be invalid, this approval shall be invalid unless the City Council
determines that the project without the condition complies with all requirements of law.
5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims and
costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly,
from (a) City's approval and issuance of this Coastal Development Permit (b) City's approval or
issuance of any permit or action, whether discretionary or nondiscretionary, in connection with
the use contemplated herein, and (c) Developer/Operator's installation and operation of the
facility permitted hereby, including without limitation, any and all liabilities arising from the
emission by the facility of electromagnetic fields or other energy waves or emissions. This
obligation survives until all legal proceedings have been concluded and continues even if the City's
approval is not validated.
6. Prior to the issuance of a building permit, the Developer shall provide proof to the Building
Division from the Carlsbad Unified School District that this project has satisfied its obligation to
provide school facilities.
7. This project shall comply with aUconditions and mitigation measures which are required as part
of the Zone 3 Local Facilities Management Plan and any amendments made to that Plan prior to
the issuance of building permits.
8. This approval shall become null and void if building permits are not issued for this project within
24 months from the date of project approval.
9. Developer shall submit to the City a Notice of Restriction executed by the owner of the real
property to be developed. Said notice is to be filed in the office of the County Recorder, subject
to the satisfaction of the City Planner, notifying all interested parties and successors in interest
that the City of Carlsbad has issued a Coastal Development Permit by Resolution No. 7352 on the
property. Said Notice of Restriction shall note the property description, location of the file
containing complete project details and all conditions of approval as well as any conditions or
restrictions specified for inclusion in the Notice of Restriction. The City Planner has the authority
to execute and record an amendment to the notice which modifies or terminates said notice upon
a showing of good cause by the Developer or successor in interest.
10. Building permits will not be issued for this project unless the local agency providing water and
sewer services to the project provides written certification to the City that adequate water service
and sewer facilities, respectively, are available to the project at the time of the application for the
building permit, and that water and sewer capacity and facilities will continue to be available until
the time of occupancy.
PC RESO NO. 7352 -4-
11. Developer shall submit and obtain City Planner approval of a Final Landscape and Irrigation Plan
showing conformance with the approved Preliminary Landscape Plan and the city's Landscape
Manual. Developer shall construct and install all landscaping and irrigation as shown on the
approved Final Plans. All landscaping shall be maintained in a healthy and thriving condition, free
from weeds, trash, and debris. All irrigation systems shall be maintained to provide the optimum
amount of water to the landscape for plant growth without causing soil erosion and runoff.
12. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plan
check process on file in the Planning Division and accompanied by the project's building,
improvement, and grading plans.
13. Approval is granted for CDP 2019-0009 as shown on Exhibits "A" -"M", dated December 4, 2019,
on file in the Planning Division and incorporated herein by reference. Development shall occur
substantially as shown unless otherwise noted in these conditions.
14. The turf block in the front yard setback area shall be permanently maintained, to the
satisfaction of the City Planner, and may not be replaced with concrete pavers or other
impervious material.
Engineering
General
15. Prior to hauling dirt or construction materials to or from any proposed construction site within
this project, developer shall apply for and obtain approval from, the city engineer for the
proposed haul route.
Fees/ Agreements
16. Developer shall cause property owner to execute and submit to the city engineer for recordation,
the city's standard.form Geologic Failure Hold Harmless Agreement.
17. Developer shall cause property owner to execute and submit to the city engineer for recordation
the city's standard form Drainage Hold Harmless Agreement.
Grading
18. Based upon a review of the proposed grading and the grading quantities shown on the site plan,
a grading permit for this project is required. Developer shall prepare and submit plans and
technical studies/reports as required by city engineer, post security and pay all applicable grading
plan review .and permit fees per the city's latest fee schedule.
Storm Water Quality
19. Developer shall comply with the city's Stormwater Regulations, latest version, and shall
implement best management practices at all times. Best management practices include but are
not limited to pollution control practices or devices, erosion control to prevent silt runoff during
construction, general housekeeping practices, pollution prevention and educational practices,
maintenance procedures, and other management practices or devices to prevent or reduce the
discharge of pollutants to stormwater, receiving water or stormwater conveyance system to the
maximum extent practicable. Developer shall notify prospective owners and tenants of the above
requirements.
PC RESO NO. 7352 -5-
20. Developer shall complete and submit to the city engineer a Determination of Project's SWPPP Tier
Level and Construction Threat Level Form pursuant to City Engineering Standards. Developer shall
also submit the appropriate Tier level Storm Water Compliance form and appropriate Tier level
Storm Water Pollution Prevention Plan (SWPPP) to the satisfaction of the city engineer. Developer
shall pay all applicable SWPPP plan review and inspection fees per the city's latest fee schedule.
21. Developer shall complete the City of Carlsbad Standard Stormwater Requirement Checklist Form.
Developer is responsible to ensure that all final design plans, grading plans, and building plans
incorporate applicable best management practices (BMPs). These BMPs include site design,
source control and Low Impact Design (LID) measures including, but not limited to, minimizing
the use of impervious area (paving), routing run-off from impervious area to pervious/landscape
areas, preventing illicit discharges into the storm drain and adding storm drain stenciling or
signage all to the satisfaction of the city engineer.
Dedication/Improvements
22. Developer shall remove all private encroachments including but not limited to walls and
gates, in the city's right-of-way and shall be shown on the grading plans to the satisfaction of
the city engineer.
Code Reminders:
The project is subject to all applicable provisions of local ordinances, including but not limited to the
following:
23. Approval of this request shall not excuse compHance with all applicable sections of the Zoning
Ordinance and all other applicable city ordinances in effect at time of building permit issuance,
except as otherwise specifically provided herein.
24. Prior to the issuance of a building permit, Developer shall pay the Local Facilities Management
fee for Zone 3 as required by Carlsbad Municipal Code Section 21.90.050.
25. Developer shall pay planned local area drainage fees in accordance with Section 15.08.020 of the
City of Carlsbad Municipal Code to the satisfaction of the city engineer.
26. Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050
of the Carlsbad Municipal Code.
27. Developer acknowledges new forthcoming requirements related to the city's Climate Action Plan
(CAP) will likely impact development requirements of this project and may be different than what
is proposed on the project plans or in the project's CAP Checklist. Developer ackno ledges ne
CAP requirements are related to energy efficiency, photovoltaic, electric vehicle charging, water
heating and traffic demand management requirements, as set forth in City Council Ordinance Nos.
CS-347, CS-348, CS-349 and CS-350 and City Council Resolution No. 2019-024, are available on the
city's website. CAP requirements may impact, but are not limited to, site design and local building
code requirements. If incorporating new CAP requirements results in substantial modifications
to the project, then prior to issuance of development permits, Developer may be required to
submit and receive approval of a Consistency Determination or Amendment for this project
through the Planning Division. Once adopted as part ofTitle 18 and in effect, compliance with the
new CAP requirements must be demonstrated on or with the construction plans prior to issuance
of the applicable development permits.
PC RESO NO. 7352 -6-
28. Approval of this request shall not excuse compliance with all applicable sections of the Zoning
Ordinance and all other applicable City ordinances in effect at time of building permit issuance,
except as otherwise specifically provided herein.
NOTICE TO APPLICANT
An appeal of this decision to the City Council must be filed with the City Clerk at 1200 Carlsbad Village
Drive, Carlsbad, California, 92008, within ten (10) calendar days of the date of the Planning Commission's
decision. Pursuant to Carlsbad Municipal Code Chapter 21.54, section 21.54.150, the appeal must be in
writing and state the reason(s) for the appeal. The City Council must make a determination on the appeal
prior to any judicial review.
NOTICE
Please take NOTICE that approval of your project includes the "imposition" of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions."
You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest
them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the
protest and any other required information with the City Manager for processing in accordance with
Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent
legal action to attack, review, set aside, void, or annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT
APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading, or other
similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any
fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute
of limitations has previously otherwise expired.
PC RESO NO. 7352 -7-
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City
of Carlsbad, California, held on December 4, 2019, by the following vote, to wit: •
AYES: Commissioners Anderson, Geidner, Lafferty, Meenes, Merz and Stine
NOES:
ABSENT: Chair Luna
ABSTAIN:
ROY MEENES, Vice-Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
City Planner
PC RESO NO. 7352 -8-